Legal Question in Family Law in Arizona
Divorce with a Snag
Married for under a year and it has proven to be a BIG mistake. She is constantly losing her temper and she has a BAD temper. I would like to dissolve the marraige but I know she will refuse to move out of the house we rent. I am on the lease and have roommates. What is her entitlement to all my property which she has none. I have taken on a large chunk of her debt too. Now the snag is I am in a diversion for domestic abuse. I slapped, she punched, I punched back and you guessed it....jail. I do not have any history of any abuse until this young and restless. Almost all of her family members owe us money too. What to do? Oh yeah there is also a covenant certificate between us. HELP!!!
2 Answers from Attorneys
Re: Divorce with a Snag
FIrst of all, domestic violence avoids the "covenant" issues. Also, if the 2 of you agree to a dissolution, that avoids the covenant issues.
Secondly, this is a community property state. Anything you acquire during the marriage belongs to both of you and anything each of you brought in, belongs to the one who brought it in.
This should not be a difficult and costly divorce.However, you should talk to a criminal defense attorney. I do this work as well but if you cannot afford an attorney, you should make sure you are represented by a public defender. Depending on the jurisdiction, you might be able to get a diversion(a program of some kind) to avoid a conviction.
Let me know if there is anything I can do to assist you.
Regards
Ronee
Re: Divorce with a Snag
The covenant marriage should not be a problem given the domestic violence. She is not entitled to any property you owned prior to Marriage. It seems you could easily get her out of the apartment. The money owed, if documented, could be pursued in civil Court. You are not responsible for her debts, but will not likely be reimbursed for money you have already spent.
We can absolutely help you get this process started and finished.
I can explain the procedures and issues better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.
Please call me directly to discuss the specifics of your case, or contact my assistant Alicia or my paralegal Jennifer to schedule a free 1/2 hour consultation.
/s/ Rich J. Peters, Attorney
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R. J. PETERS & ASSOC., P.C.
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Phoenix, Arizona 85004
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